Decoding Uniform Civil Code (UCC)

Uniform Civil Code (UCC) may be understood in terms of contradiction to the pluralistic character of Indian society in pre-Independent India, which is continuing in many ways even after attainment of Independence until now. There is a large number of communities, identities, exogamous clans, lineages, and gotra among Hindus. Muslims too have many communities. It has been argued that Muslims constitute a distinct category, based on caste, which is unique in the Indian subcontinent. It may be comprehended in terms of three heterogeneous categories of Ashraf or A¹ (higher castes / nobles), Ajlaf or A² (commoners / lower castes / OBCs) and Atraf or A³ (dalits). While Ashrafs had substantial access to economic and non-economic resources, Ajlafs and Atrafs were either excluded from these resources or they had a very limited access to these resources. Differential access to resources resulted into differential social in/justice historically. However, following Independence, various reformative measures and structural adjustments after 1991 have impacted Muslim society by limited upward social mobility among A² and A³. Secondly, due to increasing gender movements at the local, national and global levels, contradictions are sharpening between male / female power relations. Finally, regarding the deprived categories’ (A² and A³) perceived reality of social injustice in terms of equity and access to resources, Ajlafs and Atrafs together have challenged the traditional role of the urban Muslim elite in an era of growing contradictions. A new leadership is emerging among the marginalized communities at the turn of the 21st century. These two categories are attracting the attention of the rhetoric for alternative political woes and the political agenda articulated in the form of revitalization of UCC as a rhetoric in pursuit of power in informationalism. We have to wait and see whether the government is following ‘Consultative Approach’ (State as an autonomous) or ‘Coercive Approach’ (State as an instrument) in pursuit of power. The Constitution under the fundamental duties clearly says that it shall be the duty of every citizen of India ‘to develop the scientific temper, humanism and the spirit of inquiry and reform’.